Acceptance

Question 1

Definition

Answer 1

Complete and unequivocal acceptance of the terms of the offer

Question 2

Mirror image rule

Answer 2

Accepting the offer as is without any changes or qualifications

Question 3

Silence

Answer 3

There must be clear and identifiable evidence that took place meaning silence cannot be acceptance unless agreed by parties (Felthouse v Bindley)

Question 4

Specified method

Answer 4

The offeror may require a specific method of acceptance which must be complied with for a legally binding agreement (Yates v Pulleyn)

Question 5

By conduct

Answer 5

Often in business contracts, the conduct begins before the formal contract is agreed (Reveille v Anotech), a contract will be accepted by the conduct of the offeree even if the contract remains unsigned

Question 6

Postal rule

Answer 6

Will apply where it is the usual or expected means of communication, is properly addressed and stamped, and if it can be proved that the letter was posted (Adams v Lindsell), acceptance will then take place the minute the letter was posted

Question 7

Instant methods

Answer 7

If there is communication that there is an expectation of acceptance on that day, it will be likely to be within reasonable business hours if it’s beyond reasonable business hours (Thomas v BPE Solicitors)

Question 8

Electronic signatures

Answer 8

Email signatures are now a valid form of acceptance (Neocleus v Rees)